Posted on: 05th Jul, 2007 09:45 pm
my mother bought a house after she was legally seperated. her ex signed a quit claim deed releasing the new house to her. now his attorney has set up an ex parte hearing to try to stop the sale of the home so he can get some of the proceeds. should we be worried?
Hello Christi,
I do not think that there is need of worry. I hope that you have the papers regarding the quit claim deed. If you do, then as the house is in your mother's name, she can file a case against her ex-husband for setting up an ex parte hearing. For that you need to consult an attorney.
I do not think that there is need of worry. I hope that you have the papers regarding the quit claim deed. If you do, then as the house is in your mother's name, she can file a case against her ex-husband for setting up an ex parte hearing. For that you need to consult an attorney.
Hi Christi,
Your mom need not to take the consent of anyone if she wishes to sell her own property. Now her ex-husband has set up an ex-parte hearing to claim some of the proceeds from the sale of the house. But your mom can file a case against his illegal interference in the sale of the property. And if she wins, there is no point for your mom to worry.
Your mom need not to take the consent of anyone if she wishes to sell her own property. Now her ex-husband has set up an ex-parte hearing to claim some of the proceeds from the sale of the house. But your mom can file a case against his illegal interference in the sale of the property. And if she wins, there is no point for your mom to worry.
Christi,
Ex parte in Latin mean "On one side only". Hence the action is taken for, or on the application of one party alone. This would mean that only one party and not the challenger appears before the judge. Normally, a judge is required to meet all the parties involved in a case and not with just one. But in ex parte, there are conditions where this rule is not appropriate and the judge is allowed to meet with just one side. An example of such a condition or situation can be where a petitioner wishes an order or dismissal before the answer or appearance of the defendant. At times, a judge would issue temporary instructions ex parte when time is limited or it would do no noticeable good to hear the other side of the dispute.
I feel that your mother can file a case against her ex in consultation with the lawyer, if she has all the required papers in hand.
Ex parte in Latin mean "On one side only". Hence the action is taken for, or on the application of one party alone. This would mean that only one party and not the challenger appears before the judge. Normally, a judge is required to meet all the parties involved in a case and not with just one. But in ex parte, there are conditions where this rule is not appropriate and the judge is allowed to meet with just one side. An example of such a condition or situation can be where a petitioner wishes an order or dismissal before the answer or appearance of the defendant. At times, a judge would issue temporary instructions ex parte when time is limited or it would do no noticeable good to hear the other side of the dispute.
I feel that your mother can file a case against her ex in consultation with the lawyer, if she has all the required papers in hand.
"My mother bought a house after she was legally seperated. Her ex signed a quit claim deed releasing the new house to her."'
Christi, to be confirmed that the house belongs to her only and no one else you can check the property records at the county recorder's office.
Most probably you will find the house in your mother's sole name.
Christi, to be confirmed that the house belongs to her only and no one else you can check the property records at the county recorder's office.
Most probably you will find the house in your mother's sole name.